Tuesday, March 22, 2005

Schiavo Shennanegans

The University of Miami has a number of resources related to the Schiavo case, including this handy timeline. Also, to rebut people casting aspersions on the husband's motives, $1-million offered to end husband's role


Blogger Management said...

$1-million offered to end husband's role

An attorney for Michael Schiavo says he will not take a businessman's money to surrender guardianship to his wife's parents.

By WILLIAM R. LEVESQUE, Times Staff Writer
Published March 11, 2005

A wealthy California businessman offered Terri Schiavo's husband $1-million Thursday if he walks away as his wife's guardian and lets the woman's parents take over.

Saying he wants to keep Schiavo alive, Robert Herring Sr. deposited the cash into his attorney's bank and awaits word from Schiavo's husband.

"It seemed like everybody was wasting a lot of money and wasting a lot of time" in the courts, Herring said in an interview. "So I came up with the idea to shortcut everything and make an offer."

An attorney for Michael Schiavo said the offer won't be accepted. Attorney George Felos said Schiavo turned down a similar $10-million offer about two weeks ago made via an attorney for an anonymous Floridian.

Previously, Schiavo also received an offer of $700,000, and that was turned down, Felos said. The lawyer said Schiavo once promised to his wife before her collapse 15 years ago not to let her live by artificial means.

"There is no amount of money anyone can offer him to induce him to betray his promise to Terri," Felos said. "He's simply not going to betray her for money."

Even if he changed his mind, Michael Schiavo would be powerless to stop the removal of his wife's feeding tube on March 18, Felos said. A court has ruled Terri Schiavo would not want to live by artificial means, and her husband can't reverse the court order, Felos said.

Herring's offer was contingent on the court approving Terri Schiavo' parents, Bob and Mary Schindler, as the new guardian for their daughter.

Herring, 63, is described by California media as one of the wealthiest individuals in the San Diego area. A technology mogul who made riches manufacturing circuit boards, Herring also is the founder of Wealth TV, which shows how the wealthy acquire and enjoy their riches.

Herring said in a written statement announcing the offer that he believed new medical advances, including stem cell research, might help Schiavo.

In 1998, Michael Schiavo offered to donate to charity the $700,000 then remaining in a trust account set up for his wife's care if her parents agreed to let her feeding tube be removed. They refused.

The money had been won in a medical malpractice case. Schiavo stood to inherit it upon his wife's death. Today, only about $50,000 remains.

"He has said from the beginning that this case isn't about money," Felos said.

5:04 AM  
Blogger Management said...


Steven Haidar, Dartmouth College/University of Miami

Kathy Cerminara, Nova Southeastern University, Shepard Broad Law Center

This content may be reproduced for non-commercial, education purposes only, with appropriate attribution to the source. (For more information, read our copyright policy.) Please send comments, suggestions and corrections to Ken Goodman, UM Ethics Programs, at ethics@miami.edu. News media and others seeking comment from Florida Bioethics Network leaders should call 305-243-5723.


December 3, 1963

Theresa (Terri) Marie Schiavo is born.

Novermber 1984

Terri and Michael Schiavo are married.

February 25, 1990
Terri Schiavo suffers cardiac arrest, apparently caused by a potassium imbalance and leading to brain damage due to lack of oxygen. She was taken to the Humana Northside Hospital and was later given a percutaneous endoscopic gastrostomy (PEG) to provide nutrition and hydration.

May 12, 1990

Terri Schiavo is discharged from the hospital and taken to the College Park skilled care and rehabilitation facility.

June 18, 1990

Court appoints Michael Schiavo as guardian; Terri Schiavo’s parents do not object.

June 30, 1990

Terri Schiavo is transferred to Bayfront Hospital for further rehabilitation efforts.

September 1990

Terri Schiavo’s family brings her home, but three weeks later they return her to the College Park facility because the family is “overwhelmed by Terri’s care needs.”

November 1990

Michael Schiavo takes Terri Schiavo to California for experimental “brain stimulator” treatment, an experimental “thalamic stimulator implant” in her brain.

January 1991

The Schiavos return to Florida; Terri Schiavo is moved to the Mediplex Rehabilitation Center in Brandon where she receives 24-hour care.

July 19, 1991

Terri Schiavo is transferred to Sable Palms skilled care facility where she receives continuing neurological testing, and regular and aggressive speech/occupational therapy through 1994.

May 1992

Terri Schiavo’s parents, Robert and Mary Schindler, and Michael Schiavo stop living together.

August 1992

Terri Schiavo is awarded $250,000 in an out-of-court medical malpractice settlement with one of her physicians.

November 1992

The jury in the medical malpractice trial against another of Terri’s physicians awards more than one million dollars. In the end, after attorneys’ fees and other expenses, Michael Schiavo received about $300,000 and about $750,000 was put in a trust fund specifically for Terri Schiavo’s medical care.

February 14, 1993

Michael Schiavo and the Schindlers have a falling-out over the course of therapy for Terri Schiavo; Michael Schiavo claims that the Schindlers demand that he share the malpractice money with them.

July 29, 1993

Schindlers attempt to remove Michael Schiavo as Terri Schiavo’s guardian; the court later dismisses the suit.

March 1, 1994

First guardian ad litem, John H. Pecarek, submits his report. He states that Michael Schiavo has acted appropriately and attentively toward Terri Schiavo.

May 1998

Michael Schiavo petitions the court to authorize the removal of Terri Schiavo’s PEG tube; the Schindlers oppose, saying that Terri would want to remain alive. The court appoints Richard Pearse, Esq., to serve as the second guardian ad litem for Terri Schiavo.

December 20, 1998

The second guardian ad litem, Richard Pearse, Esq., issues his report in which he concluding that Terri Schiavo is in a persistent vegetative state with no chance of improvement and that Michael Schiavo’s decision-making may be influenced by the potential to inherit the remainder of Terri Schiavo’s estate.

January 24, 2000

The trial begins; Pinellas-Pasco County Circuit Court Judge George Greer presides.

Testimony of Father Gerard Murphy

February 11, 2000

Judge Greer rules that Terri Schiavo would have chosen to have the PEG tube removed, and therefore he orders it removed, which, according to doctors, will cause her death in approximately 7 to 14 days.

March 2, 2000

The Schindlers file a petition with Judge Greer to allow “swallowing” tests to be performed on Terri Schiavo to determine if she can consume—or learn to consume—nutrients on her own.

March 7, 2000

Judge Greer denies the Schindlers’ petition to perform “swallowing” tests on Terri Schiavo.

March 24, 2000

Judge Greer grants Michael Schiavo’s petition to limit visitation to Terri Schiavo as well as to bar pictures. Judge Greer also stays his order until 30 days beyond the final exhaustion of all appeals by the Schindlers.

3-24-00 Greer Stay and Order Limiting Visitation

January 24, 2001

Florida’s Second District Court of Appeal (2nd DCA) upholds Judge Greer’s ruling that permits the removal of Terri Schiavo’s PEG tube.

In re Schiavo, 780 So. 2d 176 (2nd DCA 2001), rehearing denied (Feb. 22, 2001), review denied, 789 So. 2d 348 (Fla. 2001). (Case No.: SC01-559)

1-24-01 DCA Ruling

February 22, 2001

The Schindler family’s motion for an Appellate Court rehearing is denied.

March 12, 2001

Michael Schiavo petitions Judge Greer to lift his stay, issued March 24, 2000, in order to permit the removal of Terri Shiavo’s PEG tube.

March 29, 2001

Judge Greer denies Michael Schiavo’s motion to lift stay issued on March 24, 2000; Michael Schiavo can remove Terri’s PEG tube at 1 p.m. on April 20.

3-29-01 Greer Order

April 10, 2001

The 2nd DCA denies the Schindlers’ motion to extend Judge Greer’s stay, which is scheduled to expire April 20, 2001.

4-10-01 DCA Order

April 12, 2001

The Schindlers file a motion requesting that Judge Greer recuse himself.

April 12, 2001

The Schindlers petition the Florida Supreme Court to stay the removal of Terri Schiavo’s PEG tube.

4-12-01 Motion for Stay Part 1

4-12-01 Motion for Stay Part 2

4-12-01 Court’s Request for Response from Schiavo

April 16, 2001
Judge Greer denies the Schindlers’ motion to recuse himself.

April 18, 2001

The Florida Supreme Court chooses not to review the decision of the 2nd DCA.

In re Schiavo, 789 So. 2d 248 (Fla. 2001). Case No.: SC01-559

3-22-01 Schindler family’s Notice to Appeal to Supreme Court

3-30-01 Schindlers’ Jurisdictional Brief Part 1

3-30-01 Schindlers’ Jurisdictional Brief Part 2

4-18-01 Order Denying Rehearing and Motion for Stay

April 20, 2001

Federal District Court Judge Richard Lazzara grants the Schindlers a stay until April 23, 2001, to exhaust all their possible appeals.

April 23, 2001

Justice Anthony M. Kennedy of the United States Supreme Court refuses to stay the case for a review by that Court.

April 24, 2001

By order of trial court Judge Greer, and upon issuance of a 2nd DCA mandate, Terri Schiavo’s PEG tube is removed

April 26, 2001

The Schindlers file an emergency motion with Judge Greer for relief from judgment based upon new evidence, which includes a claim that a former girlfriend of Michael Schiavo will testify that he lied about Terri Schiavo’s wishes; Judge Greer dismisses the motion as untimely. Also on this date, the Schindlers file a new civil suit that claims that Michael Schiavo perjured himself when he testified that Terri Schiavo had stated an aversion to remaining on life support. Pending this new civil trial, Circuit Court Judge Frank Quesada orders Terri Schiavo’s PEG tube to be reinserted.

April 30, 2001

Michael Schiavo files an emergency motion with the 2nd DCA to allow the removal of Terri Schiavo’s PEG tube.

May 9, 2001

The 2nd DCA announces a date for the hearing of oral arguments regarding Michael Schiavo’s motion of April 30, 2001.

June 25, 2001

Arguments in 2nd DCA regarding Michael Schiavo’s motion of April 30, 2001.

July 11, 2001

The 2nd DCA remands the case back to Judge Greer. (1) The 2nd DCA informs the Schindlers that they must address both their desire to have new evidence heard and their perjury claim against Michael Schiavo within the original guardianship proceeding; further, the Schindlers are instructed to file a new motion for relief from judgment in the guardianship proceeding. (2) The 2nd DCA instructs Judge Greer to weigh the Schinders’ new evidence in making a new determination of what Terri Schiavo would have wanted. (3) The 2nd DCA denies Michael Schiavo’s request to discontinue the PEG tube.

In re Schiavo, 792 So. 2d 551 (2nd DCA 2001).

7-11-01 DCA Order

August 7, 2001

After the 2nd DCA remands the case back to Judge Greer, he again finds that Michael Schiavo may remove Terri Schiavo’s PEG tube on August 28.

August 10, 2001

Judge Greer denies the Schindlers' motion (1) to have their own doctors examine Terri Schiavo, (2) to remove Michael Schiavo as her guardian, and (3) to disqualify himself from the proceedings.

August 17, 2001
Judge Greer delays the removal of Terri Schiavo's PEG tube until October 9 in order to allow the Schindlers time to appeal.

October 3, 2001
The 2nd DCA delays the removal of the PEG tube indefinitely.

October 17, 2001

The 2nd DCA rules that 5 doctors should examine Terri Schiavo to determine if she can improve with new medical treatment. The Schindlers and Michael Schiavo are to choose 2 doctors each, and the court is to appoint a doctor. The appeals court also affirms Greer’s denial of the motion to disqualify himself.

In re Schiavo, 800 So. 2d 640 (2nd DCA 2001).

10-17-01 DCA ruling

November 1, 2001

The 2nd DCA denies Michael Schiavo’s motion to rehear the case.

December 14, 2001

Michael Schiavo petitions the Florida Supreme Court to stay the October 17, 2001 ruling of the 2nd DCA. He states that he and the Schindlers will attempt to mediate the dispute in lieu of further litigation.

12-05-01 Michael Schiavo’s Notice of Appeal to the Florida Supreme Court

12-14-01 Michael Schiavo’s Motion to Stay DCA’s Ruling.

December 19, 2001

Attorneys meet with a mediator to determine which tests doctors should run on Terri Schiavo.

January 10, 2002

State Supreme Court stays all legal proceedings pending mediation; it orders attorneys to report on the status of mediation in sixty days.

1-10-02 SC Order of Stay

February 13, 2002

Mediation between the Schindlers and Michael Schiavo fails.

2-13-02 Notice that Mediation failed

March 14, 2002

The Florida Supreme Court denies Michael Schiavo’s petition to review the 2nd DCA’s ruling allowing 5 doctors to examine Terri Schiavo.

In re Schiavo, 816 So. 2d 127 (Fla. 2002) (Table, No. SC01-2678)

2-13-02 Michael Schiavo’s Jurisdictional Petition

2-13-02 Michael Schiavo’s Petition to Stay ruling of 2nd DCA (10/17/01).

2-22-02 Court’s Order of Stay pending its final decision

3-01-02 Schindler’s Jurisdictional Brief

3-13-01 Michael Schiavo’s Motion to Strike

3-14-01 Order Denying Schiavo’s Petition

3-14-01 Order to Strike

October 12-22, 2002

The trial court holds a new hearing on new potential medical treatments.

November 15, 2002

The Schindlers contend that Michael Schiavo might have abused Terri Schiavo and this abuse led to her condition. They ask the court for more time to collect evidence, and to remove Michael Schiavo as guardian.

11-15-02 Petition to remove MS as guardian

November 22, 2002

Judge Greer rules that Terri Schiavo’s PEG tube should be removed January 3, 2003.

In re Schiavo, 2002 WL 31817960 (Fla. Cir. Ct. Nov. 22, 2002) (No. 90-2908-GB-003)

Nov22 2002 TC trialctorder11-02.txt

December 13, 2002

Judge Greer stays his November 22 ruling: Terri Schiavo should not have her PEG tube removed until an appeals court can rule on the case.

December 23, 2002

The 2nd DCA denies a motion Michael Schiavo filed seeking permission to remove the PEG tube.

June 6, 2003

The 2nd DCA, affirming Judge Greer’s November 2002 ruling, concludes that Michael Schiavo can remove Terri Schiavo’s PEG tube on October 15.

In re Schiavo, 851 So. 2d 182 (2nd DCA 2003) (No. 2D02-5394), rehearing denied (July 9, 2003), review denied 855 So. 2d 621 (Fla. 2003).

6-06-03 Court Opinion

July 9, 2003

The 2nd DCA refuses to reconsider its decision.

August 22, 2003

The Florida Supreme Court declines to review the decision.

Schindler v. Schiavo, 855 So. 2d 621 (Fla. 2003) (Table, No. SC03-1242)

7-24-03 Notice of Schindlers' Appeal

7-31-03 Michael Schiavo’s Motion to Vacate

Court Order denying Motion to Vacate

8-07-03 Schindler's Petition for a Supreme Court Review

8-13-03 Michael Shiavo’s Response to Petition for Review

8-18-03 Schindlers motion for a Stay

8-19-03 Court Orders Schiavo to make a Respond for the Motion for Stay

8-20-03 Shiavo’s Response to Motion for Stay

8-22-03 Court Order denying Review and Motion for Stay

August 30, 2003

Terri Schiavo’s parents file a federal lawsuit challenging the removal of Terri Schiavo’s PEG tube. Schiavos’ petition (D). Schindler v. Schiavo, Civil Action No. 8:03-CV-1860-T-26-T-TGW

September 17, 2003

Judge Greer orders the removal of the PEG tube to take place on October 15, 2003. He also rejects the Schindlers’ request that Terri Schiavo be given therapy to learn how to eat without the tube.

9-17-03 Court Order

October 7, 2003

Governor Jeb Bush files a federal court brief in support of the Schindlers’ effort to stop the removal of the PEG tube.

October 10, 2003

Federal Court Judge Richard Lazzara rules that he lacks the jurisdiction to hear the federal case.

October 14, 2003

The 2nd DCA refuses to block Judge Greer’s order to remove the PEG tube.

October 15, 2003

Terri Schiavo’s PEG tube is once again removed.

October 17, 2003

The Florida Circuit Court in Pinellas County and the First District Court of Appeal refuse to grant a request made by the “supporters” of the Schindlers to direct Governor Jeb Bush to intervene in the Schiavo case.

October 19, 2003

The Advocacy Center for Persons with Disabilities, Inc. files a federal court lawsuit that claims that the removal of Terri Schiavo’s PEG tube is abuse and neglect.

Advocacy Center for Persons with Disabilities, Inc. v. Schiavo, No. 8:03-CV-2167-T-23EAJ

October 20, 2003

The Florida House of Representatives passes a bill, “Terri’s Law,” that allows the governor to issue a “one-time stay in certain cases.”


October 21, 2003

The Florida Senate passes the bill; Governor Bush issues an executive order directing reinsertion of the PEG tube and appointing a guardian ad litem for Terri Schiavo.

Schiavo Controversy Fla_ Gov_ Exec_ Order No_ 03-201.htm

Statements by some House members

October 21, 2003

Michael Schiavo files a state-court lawsuit arguing that “Terri’s Law” is unconstitutional and seeking an injunction to stop the reinsertion of the PEG tube; the court requests briefs on the Constitutional arguments about “Terri’s Law.”

10-21-03 Schiavo Injunction
Amicus Brief from House Speaker Byrd (B)
Schiavo v. Bush. No. 03-008212-CI-20 (Cir. Ct. Pinellas County, Florida).

October 21, 2003

The federal court denies the motion for a temporary restraining order filed in the lawsuit of the Advocacy Center for Persons with Disabilities, Inc.

Advocacy Center for Persons with Disabilities, Inc. v. Schiavo, 2003 WL 23305833, 17 Fla. L. Weekly Fed. D 291 (M.D. Fla. Oct. 21, 2003).

10-21-03 US District Court Order

October 21, 2003

Terri Schiavo’s PEG tube is reinserted.

October 22 2003

David Demeres, Chief Judge for the Pinellas County Circuit Court, orders both the Schindlers and Michael Schiavo to agree within 5 days on an independent guardian ad litem as required under the Governor’s order. (“Terri’s Law” directs: “Upon issuance of the stay, the chief judge of the circuit court shall appoint a guardian ad litem for the patient to make recommendations to the Governor and the court.”)

Schiavo's Response

Schindlers' Response

October 28, 2003

President George W. Bush praises the way his brother, Governor Jeb Bush, has handled the Schiavo matter.

Transcript of Rose Garden Press Conference

October 29, 2003

Michael Schiavo files court papers in his state-court lawsuit, arguing that “Terri’s Law” is unconstitutional. The American Civil Liberties Union has joined Michael Schiavo.

Michael Schiavo petitioner brief

October 31, 2003

Judge Demers appoints Dr. Jay Wolfson as Terri Schiavo’s guardian ad litem. Dr. Wolfson holds both medical and legal degrees; he is also a public health professor at the University of South Florida. He is supposed to represent Terri Schiavo’s best interest in court, but he has no authority to make decisions for her.

10-31-03 GAL Appointment

November 4, 2003

Governor Jeb Bush asks Circuit Court Judge W. Douglas Baird to dismiss Michael Schiavo’s suit (filed October 21, 2003) that challenges “Terri’s Law.”

November 8, 2003

Judge Baird denies Governor Bush’s motion to dismiss the state-court suit.

November 10, 2003

Governor Bush appeals Judge Baird’s decision; the filing of the appeal has the effect of staying the removal of Terri Schiavo’s PEG tube.

November 14, 2003

Judge Baird vacates the stay.

11-14-03 Order vacating stay.

November 14, 2003

In response to Judge Baird’s lifting the stay, the 2nd DCA issues an indefinite stay.

November 19, 2003

Governor Bush files a petition to remove Judge Baird.

11-19-03 Petition

November 21, 2003

Florida Sens. Stephen Wise and Jim Sebesta introduce legislation (S692) that would require persons in persistent vegetative states to be administered medically supplied nutrition and hydration in the absence of a living will, regardless of family beliefs about what those patients would have wanted. The measure is withdrawn from consideration on April 16, 2004.

Bill to require sustenence when no living will exists

December 1, 2003

Jay Wolfson, guardian ad litem, concludes in his report that Terri Schiavo is in a persistent vegetative state with no chance of improvement.

Wolfson's Report

Governor Bush's response to Wolfson's report

December 10, 2003

The 2nd DCA refuses to remove Judge Baird, who is the presiding judge in the state-court lawsuit filed October 21, 2003.

Bush v. Schiavo, 861 So. 2d 506 (2nd DCA 2003) (No. 2D03-5244)

12-10-03 Court Opinion

January 5, 2004

The Schindler family petitions the Pinellas County Circuit Court to reappoint Jay Wolfson, the guardian ad litem.

1-05-04 Schindlers petition to reappoint GAL

January 8, 2004

Judge Demers rejects the request to reappoint the guardian ad litem, citing the pending court decisions over the constitutionality of “Terri’s Law” as reason to wait on any action.

1-08-04 Order denying reinstatement of GAL

February 13, 2004

The 2nd DCA reverses Judge Baird’s ruling (in the case filed October 21, 2003) that denied the Schindlers permission to intervene in Michael Schiavo’s Constitutional challenge to “Terri’s Law.” The 2nd DCA explains that Judge Baird did not follow proper procedure. The court also gives permission to Governor Bush to question several witnesses who Judge Baird previously had ruled could not offer any relevant testimony.

Bush v. Schiavo, 866 So. 2d 140 (Fla. 2nd DCA 2004) (on intervention); 866 So. 2d 136 (2nd DCA 2004) (on request to take depositions). (Case No. 2D03-5783).

bushschiavo2 13 04 opn.pdf

2-13-04 Opinion allowing parents to intervene

March 12, 2004

Judge Baird again rejects the Schindlers’ request to intervene in Michael Schiavo’s suit that questions the constitutionality of “Terri’s Law.”

March 20, 2004
Pope John Paul II addresses World Federation of Catholic Medical Associations and Pontifical Academy for Life Congress on "Life-Sustaining Treatments and Vegetative State: Scientific Advances and Ethical Dilemmas." His remarks spark widespread interest and controversy.
Pope's address

March 29, 2004

Nursing home workers discover 4 “fresh puncture wounds” on one arm and a fifth wound on the other arm; the workers state that a hypodermic needle appears to have caused the wounds. Attendants discovered the wounds shortly after the Schindlers visited Terri Schiavo for 45 minutes. Toxicology reports indicate that no substance was injected into Terri Schiavo. Clearwater police later conclude that the marks might have been made by a device used to move Ms. Schiavo and, in any case, that no evidence of abuse or other wrongdoing could be found.
St. Petersburg Times report (May 15, 2004)

March 29, 2004

Judge Greer denies a motion filed by the Schindlers seeking to have Michael Schiavo defend himself in a hearing; they allege that he is violating a 1996 court order that requires him to share a sufficient amount of Terri Schiavo’s medical information. Michael Schiavo claims that he has shared an adequate amount of information through attorneys.

April 16, 2004
S692 is withdrawn from consideration in the Florida Legislature.
S692 History

April 23, 2004
The 2nd DCA rules that the Pinellas County trial court has jurisdiction to hear and is the proper venue for the case Michael Schiavo has filed against Governor Bush asserting that "Terri's Law" is unconstitutional.

2nd DCA Jurisdictional ruling

May 6, 2004

Pinellas Circuit Judge W. Douglas Baird rules that "Terri's Law," sought and signed by Gov. Bush and approved by the Legislature on October 21, 2003, is unconstitutional. The governor appeals the ruling.

Judge Baird's order

June 1, 2004

The 2nd DCA grants a motion from attorneys for Michael Schiavo to send the case directly to the Florida
Supreme Court and bypass a lower-court review. Meanwhile, attorneys for Gov. Bush file a motion asking that all appeals be halted until the issue of whether Michael Schiavo has the authority to fight the governor on his wife's behalf is resolved.

Tallahassee Democrat report

June 16, 2004

Florida's Supreme Court, pointing to "a question of great public importance requiring immediate resolution by this Court," accepts jurisdiction and sets oral arguments for August 31, 2004.

Florida Supreme Court order

June 30, 2004

2nd DCA affirms Judge Baird's March 12 ruling denying the Schindlers the ability to intervene in the lawsuit over the constitutionality of "Terri's Law."

July 19, 2004
The Schindlers file a motion in the Circuit Court for Pinellas County seeking relief from judgment in Schindler v. Schiavo. Based in part upon the recent statement by Pope John Paul II, they argue that the orders mandating withdrawal of the PEG tube from Terri and authorizing Michael to challenge the constitutionality of "Terri's Law" violate her "free exercise of her religious beliefs [and] her right to enjoy and defend her own life and, in fact, imperil her immortal soul."
Relief from judgment motion
Appendix to motion (seven exhibits)

July 27, 2004

National group of bioethicists files amicus brief "in support of Michael Schiavo as guardian of the person."

Bioethicists' amicus brief

August 31, 2004

The Florida Supreme Court hears oral arguments in the lawsuit over the
constitutionality of "Terri's Law."

Streaming video of the proceedings, archived by WFSU at Florida State University


St. Petersburg Times report

August 31, 2004
Circuit Judge George Greer, opposed for re-election by an attorney who was known to oppose Greer's rulings in the Schiavo case, is re-elected by a large margin.

St. Petersburg Times report

September 23, 2004

Florida's Supreme Court, unanimously affirming the trial court order, declares "Terri's Law" unconstitutional.
Supreme Court ruling

October 4, 2004

Governor Bush files a motion and then an amended motion for rehearing and clarification of the Florida Supreme Court opinion issued on September 23, 2004

Amended motion for rehearing and clarification

October 21, 2004
Florida Supreme Court denies Governor Bush's amended motion for rehearing and clarification, as well as a motion seeking permission to file a second amended motion for rehearing and clarification. The Court issues a mandate.


October 22, 2004

In Pinellas County, at the trial-court level, Judge Greer denies the motion filed by the Schindlers on July 19, 2004. He also stays the removal of her PEG tube until December 6, 2004.
Order Denying Motion
Order Granting Stay

October 25, 2004
Governor Bush files a motion with the Florida Supreme Court asking that it recall the mandate it issued on October 22 because he will be filing a petition for certiorari regarding this case with the United States Supreme Court.
Motion to Recall Mandate

Appendix to Motion

October 27, 2004
Florida Supreme Court grants Governor Bush's motion asking that it recall the mandate issued on October 22. Proceedings in the trial and all appellate courts in the case of Bush v. Schiavo are stayed until November 29, 2004.

Order Recalling Mandate

November 22, 2004

In the guardianship proceeding in Pinellas County, the Schindlers appeal from Judge Greer’s October 22 order denying their motion for relief from judgment.
Brief Seeking Review

December 3, 2004
Governor Bush files a petition for certiorari, seeking review of the Florida Supreme Court’s decision regarding Terri’s law, with the U.S. Supreme Court.
U.S. Supreme Court Docket
Petition for Writ of Certiorari

December 29, 2004
2nd DCA, without opinion, denies the Schindlers' November 22 appeal from Judge Greer's order refusing to reopen the guardianship proceeding.

January 10, 2005
The Schindlers again ask Judge Greer to remove Michael Schiavo from his judicial appointed post of Terri’s guardian.

January 13, 2005
The Schindlers file two motions – one in the 2d DCA, asking it to reconsider its decision of December 29, 2004, and a second in the trial court guardianship proceeding, asking Judge Greer once again to prevent withdrawal of nutrition and hydration until the 2d DCA does so.

January 24, 2005
The United States Supreme Court refused to grant review of the case in which the Florida Supreme Court struck down “Terri’s Law” as unconstitutional.

February 7, 2005
Florida's Department of Agriculture and Consumer Services cites the Terri Schindler-Schiavo Foundation for failing to register with the state to solicit donations.

February 11, 2005
In Pinellas County, Judge Greer denies the Schindlers' motions, filed January 10 and 13, 2005. The order authorizing withdrawal of the PEG tube remains in effect, although implementation is stayed pending the outcome of currently pending appeals.

February 15, 2005
The Schindlers ask the 2nd DCA to stay the mandate issued when it refused to hear their most recent appeal.

February 16, 2005
Randall Terry, founder of the pro-life activist organization Operation Rescue, appears with the Schindlers at a news conference, vowing protest vigils against removal of the PEG tube.

February 18, 2005
The Schindlers again petition Judge Greer in Pinellas County for reconsideration of the order of February 11, 2005, in which the court upheld its judgment, made in the year 2000, that the PEG tube should be removed.

February 18, 2005
Florida Representatives Baxley Brown; Cannon; Davis, D.; Flores; Goldstein; Lopez-Cantera; Murzin; Quinones; Traviesa introduced H 701 in the Florida Legislature. H 701, mirroring S. 692 (introduced in October 2003 and withdrawn in April 2004), would require maintenance of medically supplied nutrition and hydration in incapacitated persons in most instances.

February 21, 2005
The 2d DCA denies the Schindlers’ motion of February 15, 2005, clearing the way for removal of the PEG tube when the current stay expires on February 22, 2005. Judge Greer schedules a hearing on the Schindlers’ motion of February 18, 2005, for February 23, 2005.

February 22, 2005
Judge Greer stays removal of the PEG tube until 5 p.m. on February 23, 2005 (after he hears argument on the motion filed by the Schindlers on February 18, 2005).

February 23, 2005
After a hearing, Judge Greer extends the stay preventing removal of the PEG tube until 5 p.m. on February 25, 2005, to permit time to issue an order detailing his decisions regarding matters discussed at the hearing. Officials from Florida’s Department of Children and Families (DCF) move to intervene in the case, but Judge Greer denies the motion to intervene at the hearing.

February 25, 2005
Judge Greer denies the motion before him and orders that, “absent a stay from the appellate courts, the guardian, Michael Schiavo, shall cause the removal of nutrition and hydration from the ward, Theresa Schiavo, at 1 p.m. on Friday, March 18, 2005.”
Order Denying Stay

February 26, 2005
The St. Petersburg Times reports that a Vatican cardinal spoke on Vatican Radio opposing removal of the PEG tube.
St. Petersburg Times article

February 28, 2005
The Schindlers file a number of motions with Judge Greer, addressing a range of issues. They also indicate that they will appeal the judge's decision of February 25, 2005. Judge Greer denies some of the motions but agreed to set a hearing date to consider others.
St. Petersburg Times article

March 7, 2005
The Schindlers appeal Judge Greer's February 25, 2005 order to the 2nd DCA.
Bioethicists from six Florida universities submit an analysis of H701.
Bioethicists' analysis

March 8, 2005
U.S. Rep. David Weldon (R.-Fla.) introduces in the United States House of Representatives H.R. 1151, titled the Incapactitated Persons' Legal Protection Act. The bill would permit a federal court to review the Schiavo matter through a habeas corpus lawsuit.
H.R. 1151

March 9, 2005
The Florida House Health Care Regulation Committee considers H.701, voting to approve a Council/Committee Substitute 701 instead of the original version.
Council/Committee Substitute 701

March 10, 2005
Judge Greer issues order denying Florida's Department of Children and Families the right to intervene in the guardianship case.

March 14, 2005
The Judiciary Committee in the Florida House considers H.701, voting to approve another Committee substitute for the original bill. The Sun-Sentinel reports that the House and the Senate have agreed that this bill will come to a vote.
Second Committee Substitute 701

March 15, 2005
The Florida House Health & Families Council considers and approves the second committee substitute H.701.

The Florida Senate Judiciary Committee passes S.804, providing that medically supplied nutrition and hydration cannot be “suspended from” a person in a PVS if: (1) the purpose of the suspension is “solely to end the life of” a person in a PVS; (2) a conflict exists on the issue of suspension of medically supplied nutrition and hydration among the persons who could be proxy decisionmakers for that person under Florida law; and (3) the person in the PVS had not executed a written advance directive or designated a health care surrogate.
Senate Bill 804

March 16, 2005
The 2d DCA affirms Judge Greer’s orders and refuses to stay the scheduled March 18 withdrawal of the PEG tube.
2d DCA Opinion

The U.S. House of Representatives, by voice vote, passes H.R. 1332, the Protection of Incapacitated Persons Act of 2005. This bill would amend federal law to provide for removal of certain cases to federal court from state court, rather than authorizing use of the federal habeas corpus remedy to obtain federal court review, as H.R. 1151 would have.
H.R. 1332

March 17, 2005
The Florida House of Representatives approves H.701, after some amendments.
House-Engrossed H.701

The Florida Senate votes down S.804.

Florida’s Department of Children and Families (DCF) petitions the Florida Supreme Court for relief, and the Florida Supreme Court denies the petition.
DCF All Writs Petition
Florida Supreme Court order

The U.S. Senate passes a “private bill” applying to the Schiavo case but differing from H.R. 1332. The U.S. Senate website, at www.senate.gov, explains a “private bill” as follows: “A private bill provides benefits to specified individuals (including corporate bodies). Individuals sometimes request relief through private legislation when administrative or legal remedies are exhausted. Many private bills deal with immigration–granting citizenship or permanent residency. Private bills may also be introduced for individuals who have claims again the government, veterans benefits claims, claims for military decorations, or taxation problems. The title of a private bill usually begins with the phrase, "For the relief of. . . ." If a private bill is passed in identical form by both houses of Congress and is signed by the President, it becomes a private law.”
U.S. Senate Bill 653 ES
Orlando Sentinel article

The Schindlers ask the U.S. Supreme Court to hear the case, but the U.S. Supreme Court denies their petition.
Schindlers’ Petition to U.S. Supreme Court
U.S. Supreme Court Denial

March 18, 2005
The U.S. House of Representatives Committee on Government Reform issues five subpoenas: one commanding Michael Schiavo to appear before it and bring with him the “hydration and nutrition equipment” in working order; three commanding physicians and other personnel at the hospice to do the same; and one commanding Terri Schiavo to appear before it. The subpoenas would require that the PEG tube remain in working order until at least the date of testimony, March 25, 2005. The subpoenas are included as appendices to the U.S. House All Writs Petition (see just below).

The Committee on Government Reform also moves to intervene in the guardianship litigation before Judge Greer and asks Judge Greer to stay his order requiring removal of the PEG tube. Judge Greer denies the motions.
U.S. House Motion to Intervene
U.S. House Motion for Stay

The Committee on Government Reform files an emergency all-writs petition with the Florida Supreme Court, effectively seeking reversal of Judge Greer’s denial of its motions. The Florida Supreme Court denies this petition.
U.S. House All Writs Petition

The PEG tube is removed in mid-afternoon. This is the third time the tube has been removed in accordance with court orders.

The Schindlers, as “next friends” of their daughter, file a petition for writ of habeas corpus in federal district court in the Middle District of Florida. That court dismisses the case for lack of jurisdiction and refuses to issue a temporary restraining order because “there is not a substantial likelihood that [the Schindlers] will prevail on their federal constitutional claims.”
Schindlers' Habeas Corpus Petition

March 19-20, 2005

The U.S. Senate delays going its Easter recess and works on Saturday to reach a compromise with the House on a bill, S.686, closely resembling the special bill it passed on March 17. On Palm Sunday (which holiday is frequently noted in debate), it then passes S.686 and the U.S. House of Representatives returns from Easter recess for a special session to debate S.686.
U.S. Senate Compromise Bill S.686

March 21, 2005

Shortly past 12:30 a.m., the U.S. House of Representatives votes 203-58 to suspend its rules and pass S.686.

President Bush signs S.686 at 1:11 a.m.

5:04 AM  

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